What is an Equality Plan?
It is a set of measures whose mission is to guarantee equal treatment and opportunities for women and men in the company, as well as the elimination of discriminatory situations based on gender.
The Equality Plan improves the working environment and eliminates differences between male and female employees. It increases the commitment of employees to work-life balance and equality measures.
It promotes motivation, increases productivity, and attracts new talent.
When is it mandatory to have an Equality Plan?
The regulation of Equality Plans applies both to companies that are obliged to draw up Equality Plans (because they have more than 50 employees or, in the case of having a smaller workforce, because the collective bargaining agreement or the labour authority stipulates it as a sanction), and to companies that, voluntarily, after consultation or negotiation with the legal representatives of the employees, have proceeded to draw them up
For the purposes of calculating the number of staff to reach the numerical threshold of employees, all the staff of all the centres shall be taken into account.
1. The total workforce of the company must be considered, regardless of the number of work centres and regardless of the form of employment relationship. This includes discontinuous fixed contract, fixed-term contracts and contracts made available by temporary employment agencies.
2. People with part-time contracts are counted as an additional person, regardless of the number of working hours.
3. Fixed-term contracts in force in the company during the previous 6 months are counted, even if they have been terminated at the time of calculation
Duration of the Equality Plan
The duration of the Equality Plan will be as indicated or a maximum of 4 years.
Failure to comply with the equality obligations established in the Workers’ Statute or collective bargaining agreement may result in financial penalties with fines of between EUR 626 and EUR 6.250 in the case of serious offences or between EUR 6.251 and EUR 187.515 in the case of very serious offences.
New features 2023
– With effect from 01/01/2023, by means of the amendment of Art. 71.1.d) of the Public Sector Contracts Act, the prohibitions on contracting with companies with 50 or more employees without an Equality Plan have been updated.
– In the case of the new contracting aid approved in Art. 8 of Royal Decree-Law 1/2023, of 10 January. With effect from 01/09/2023, among the requirements to be a beneficiary of the new incentives for employment contracting, it will be compulsory to have the corresponding Equality Plan, in the case of companies legally or conventionally obliged to implement it. This aid can save companies between EUR 3.300 and EUR 1.500 in Social Security contributions.
Not to forget that remunerations records are mandatory for all companies
Since the entry into force of the Royal Decree on equal pay for men and women in April 2021, all companies, regardless of the number of employees, are obliged to have an updated report that shows that all employees with the same position and functions have the same salary, regardless of their gender.
Bové Montero y Asociados is at your service to discuss any doubts or questions you may have about this matter. In this sense, we can help you to develop and implement the Equality Plan of your company and to create a salary register with a view to complying with the latest employment regulations.